HomeMy WebLinkAboutTMC Shooting Range Specialists; 2013-11-15; PWM14-22PEMTracking #: PWIV114-22PEM
CITY OF CARLSBAD
MINOR PUBLIC WORKS CONTRACT
FIREARMS RANGE BACKSTOP EXTENSION; TMC SHOOTING RANGESPECIALISTS
($45,000 or Less)
This agreement is made on the _ day of k]c^WJr\ b<lr- , 20Ji_, by the
City of Carlsbad, California, a municipal corporation, (hereinafter called 'City"), and Jose C. Torres dba
TMC Shooting Range Specialists whose principal place of business is 27431 Santa Clarita Road, Santa
Clarita, California 91350-1319 (hereinafter called "Contractor").
City and Contractor agree as follows:
DESCRIPTION OF WORK. Contractor shall perform all work specified in the Contract documents for the
project described by these Contract Documents (hereinafter called "Project').
PROVISIONS OF LABOR AND MATERIALS. Contractor shall provide all labor, materials, tools,
equipment, and personnel to perform the work specified by the Contract Documents unless excepted
elsewhere in this Contract.
CONTRACT DOCUMENTS. The Contract Documents consist of this Contract, exhibits to this Contract,
Contractor's Proposal, the Plans and Specifications, the General Provisions, addendum(s) to said Plans
and Specifications, and all proper amendments and changes made thereto in accordance with this
Contract or the Plans and Specifications, all of which are incorporated herein by this reference. When in
confiict, this Contract will supersede terms and conditions in the Contractor's proposal.
LABOR. Contractor will employ only skilled workers and abide by all State laws and City of Carlsbad
Ordinances governing labor.
GUARANTEE. Contractor guarantees all labor and materials furnished and agrees to complete the
Project in accordance with directions and subject to inspection approval and acceptance by:
Jason Kennedv/Facilitv Manager.
(City Project IVIanager)
WAGE RATES. The general prevailing rate of wages for each craft or type of worker needed to execute
the contract shall be those as determined by the Director of Industrial Relations pursuant to Sections
1770, 1773 and 1773.1 ofthe Labor Code. Pursuant to Section 1773.2 ofthe Labor Code, a current copy
of the applicable wage rates is on file in the Office of the City Engineer. The contractor to whom the
contract is awarded shall not pay less than the said specified prevailing rates of wages to all workers
employed by him or her in execution of the contract.
FALSE CLAIMS. Contractor hereby agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in anticipation of litigation
or in conjunction with litigation.
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act,
provides for civil penalties where a person knowingly submits a false claim to a public entity. These
provisions include false claims made with deliberate ignorance of the false information or in reckless
disregard of the truth or falsity of the information.
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026, 3.32.027 and 3.32.028
pertaining to false claims are incorporated herein by reference.
FIREARMS RANGE BACKSTOP EXTENSION
TMC SHOOTING RANGESPECIALISTS Page 1 of 4 City Attorney Approved 2/7/13
Tracking #: PWM14-22PEM
Contractor hereby acknowledges that the filing of a false claim may subject the Contractor to an
administrative debarment proceeding wherein the corjitactor may be invented from further bidding on
public contracts for a period of up to five years and tKat^barment feJy another jurisdiction is grounds for
the City of Carlsbad to disqualify the Contractor or s/bconjr^^JtoiTh^m g^rticipating in contract bidding.
Signature: _
Print Name: / Jose C. Torres
REQUIRED INSURANCE. The successful contractor shall provide to the City of Carlsbad, a Certification
of Commercial General Liability and Property Damage Insurance and a Certificate of Workers'
Compensation Insurance indicating coverage in a form approved by the California Insurance
Commission. The certificates shall indicate coverage during the period of the contract and must be
furnished to the City prior to the start of work. The minimum limits of liability insurance are to be placed
with insurers that have: (1) a rating in the most recent Best's Key Rating Guide of at least A-:V and (2) are
admitted and authorized to transact the business of insurance in the State of California by the Insurance
Commissioner.
Commercial General Liability Insurance of Injuries including accidental death, to any one person in an
amount not less than $500,000
Subject to the same limit for each person on account of one accident in an amount not less than
$500,000
Property damage insurance in an amount of not less than $100,000
Automobile Liability Insurance in the amount of $100,000 combined single limit per accident for bodily
injury and property damage. In addition, the auto policy must cover any vehicle used in the performance
of the contract, used onsite or offsite, whether owned, non-owned or hired, and whether scheduled or
non-scheduled. The automobile insurance certificate must state the coverage is for "any auto" and cannot
be limited in any manner.
The above policies shall have non-cancellation clauses providing that thirty (30) days written notice shalt
be given to the City prior to such cancellation.
The policies shall name the City of Carlsbad as an additional insured.
INDEMNITY. The Contractor shall assume the defense of, pay all expenses of defense, and indemnify
and hold harmless the City, and its officers and employees, from all claims, loss, damage, injury and
liability of every kind, nature and description, directly or indirectly arising from or in connection with the
performance of the Contract or work; or from any failure or alleged failure of Contractor to comply with
any applicable law, rules or regulations including those related to safety and health; and from any and all
claims, loss, damages, injury and liability, howsoever the same may be caused, resulting directly or
indirectly from the nature of the work covered by the Contract, except for loss or damage caused by the
sole or active negligence or willful misconduct of the City. The expenses of defense include all costs and
expenses including attorneys' fees for litigation, arbitration, or other dispute resolution method.
JURISDICTION. The Contractor agrees and hereby stipulates that the proper venue and jurisdiction for
resolution of any disputes between the parties arising out of this agreement is San Diego County,
California.
Start Work: Contractor agrees to start within thirty (30) working days after receipt of Notice to Proceed.
Completion: Contractor agrees to complete work within seven (7) working days after receipt of Notice to
Proceed.
FIREARMS RANGE BACKSTOP EXTENSION
TMC SHOOTING RANGESPECIALISTS Page 2 of 4 City Attorney Approved 2/7/13
Tracking #: PWM14-22PEM
CONTRACTOR'S INFORMATION.
Jose C. Torres dba
TMC Shooting Range Specialists
(name of Contractor)
N//A
(Contractor's license number)
(license class, and exp. date)
27431 Santa Clarita Road
(street address)
Santa Clarita, California 91350-1319
(city/state/zip)
661-510-3360
(telephone no.)
661-257-0179
(fax no.)
tmcranges@yahoo.com
(e-mail address)
AUTHORITY. The individuals executing this Agreement and the instruments referenced in it on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to bind
Contractor to the terms and conditions of this Agreement.
CITY OF CARLSBAD, a municipal corporation
of the State of Califomia
(sign here)
Jose C. Torres
Assicfai^t Ofity Manager, Deputy-City MaF?igg^^$R"i^V>.,-^\
(print name/titie)
Department Director z^i-
as authorized by the City Managci,
By: ATTEST:
(sign here) BARBARA ENGLESON
City Clerk
(print name/titie)
If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If_i
corporation. Agreement must be signed by one corporate officer from each of the following two groups:
Group A
Chairman,
President, or
Vice-President
Group B
Secretary,
Assistant Secretary,
CFO or Assistant Treasurer
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the ofl'icer(s) signing to bind the corporation.
APPROVED AS TO FORM:
CELIA A. BREWER, City Attorney
BY:
Assistant City Attorney
FIREARMS RANGE BACKSTOP EXTENSION
TMC SHOOTING RANGESPECIALISTS Page 3 of 4 City Attorney Approved 2/7/13
Tracking #: PWM14-22PEM
EXHIBIT A
JOB QUOTATION/SCOPE OF WORK
Background: Both indoor firearms ranges located at Carlsbad Safety Training Center were identified as having
berm backstops that were not constructed high enough to contain all fired munitions, bullet fragmentation and
range debris. A six inch gap currently exists between the top edge of each backstop plate and last ceiling baffle
over the granulated rubber berm. There should be no gap or visible spaces between these two structures.
This opening is an architectural design flaw which creates a safety hazard by allowing clear space for fired
munitions and range debris to enter into the maintenance area behind the backstop which is not rated for
ballistic impact.
Scope: Jose C. Torres DBA TMC Shooting Range Specialist / Torres Maintenance Company (Contractor)
agrees to perform the following services for the City of Carlsbad Safety Training Center (CSTC) located at 5750
Orion Street, Carlsbad, California, 92010 and in conjunction with the current annual maintenance contract,
PEM1000, established on April 15, 2013:
1. Construct patterns for the backstop modification using plywood forms to determine the correct placement of
the backstop plate extension. These forms will be used to test air flow and to verify that sufficient filtration is
present before making any permanent modifications. Testing will be completed using portable smoke
machines which will be provided by the city. This air flow test will be used to determine the height and design
of the final backstop modification. The city will also provide analytical data to Contractor to support the
mathematical formulas as a secondary method to verify that air filtration is sufficient to prevent the
accumulation of lead dust and gun powder residue from firearms training.
-Perform backstop extensions on both (25 yard and 100 yard) indoor shooting range granulated rubber
traps. This scope of work will be completed in conjunction with annual granulated rubber trap lead remediation
annual service agreement (PEMI 000, P0# P126563), in order to prevent tire hazards and debris from
construction from mixing in with the granulated rubber material. Contractor will remove all granulated rubber
material from the backstop area prior to the start of the backstop modification.
-Procure the required amount of 3/8" thick AR-500 grade steel to complete backstop modifications on
both indoor shooting ranges. 25 yard range backstop is approximately 55 feet in length. 100 yard range
backstop is approximately 35 feet in length. Height of backstop will be determined after contractor measures
existing backstop structures and once air flow modeling is completed.
-Mark off, seal and secure construction site to prevent access from personnel not involved with
construction. Areas where power tools will be used to cut materials and to package hazardous materials will be
contained as to not impact the storm water conveyance. The Safety Training Center Storm Water Pollution
Protection Plan will be provided to Contractor for review prior to the start of construction.
-Procure the required amount of fire-resistant two-inch (2") thick dura ballistic rubber block to cover the
all AR-500 grade steel plating used to extend the existing backstop plate. The dura block will be adhered to the
AR-500 steel plating so that it will encapsulate all munitions or fragmentation that makes contact with the steel
plating, preventing back splatter or ricochets back into the range.
2. Contractor will ensure that all technicians providing services under this contract are trained on lead
abatement procedures and the hazards of lead exposure in accordance with California OSHA, EPA, and DTSC
safety and health wellness standards. Reference Code of Federal Regulations 29 CFR 1910.1025,Lead
(General Industry) and 29 CFR 1926.62, Lead (Construction).
3. City of Carlsbad will provide Contractor with waste generator EPA identification number prior to the start of
all range remediation work to include providing hazardous materials storage boxes onsite for disposal of
hazardous wastes.
4. Services will be completed within five to seven days during normal business hours, Monday through Friday
(8:00 a.m.- 5:00 p.m.).
Total Cost Hncludes Labor and Taxes) = $17.500.00
FIREARMS RANGE BACKSTOP EXTENSION
TMC SHOOTING RANGESPECIALISTS Page 4 of 4 City Attorney Approved 2/7/13
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